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Neighborhood report

Residents revive dog park battle

The city plans a celebration Saturday at a park where the original critics say promises have gone unmet.

By SHERRI DAY
Published January 13, 2006

Whoever coined the phrase "It ain't over till the fat lady sings" might well have been foreshadowing the conflict over a dog run in Palma Ceia Park.

In this seemingly never-ending melodrama, the warring factions could wind up back in court. Despite reaching a settlement with the city in October, 12 plaintiffs who sued to close the dog run at Marti and San Nicholas streets now contend that the city has repeatedly reneged on its end of the deal.

On Jan. 3, the plaintiffs filed a motion in Hillsborough County Court arguing that the city should be held in contempt of court. Calling the city "lackadaisical," the motion cites the dearth of vegetation and sound buffering around the park and unwieldy hours of operation. The city also erred by placing picnic benches too close to the neighbors' homes, according to the motion.

Against this backdrop, the city's Parks and Recreation Department plans to hold a grand reopening of the park Saturday, celebrating its $344,000 renovation and redesign.

Plaintiffs' lawyer Luke Lirot said his clients tried to resolve their most recent concerns with the city through letters and phone calls. But the city did not respond, he said.

"My clients were shocked, and I was shocked that we had to go to this point," Lirot said. "I think the city will respond without the necessity of judicial intervention, but sometimes you need something filed with the court to inspire that."

The neighbors filed a lawsuit to close the park in March, saying the dog run was the source of noise, foul odors and parking problems. After months of failed negotiating, the plaintiffs and the city reached a settlement. The city pledged to move the dog run closer to the Lee Roy Selmon Crosstown Expressway and away from neighboring homes, to shorten the hours of operation and install plants that would help muffle sound.

Tampa City Attorney David Smith put little stock in the plaintiffs' latest allegations.

"I'm very dubious, but I would have to check out the facts," he said. "I'd be surprised if we're not doing what we said we would do."

News of the plaintiffs' latest move frustrates Seth Nelson, a lawyer and Palma Ceia Park resident. He filed a motion to intervene in the lawsuit on behalf of several neighbors who wanted the park to remain open.

"I was fundamentally disappointed that the week before the reopening ceremony that's supposed to bring the community together that (the plaintiffs) continue to try to close the dog park," Nelson said. "After reading the motion, I determined that it was frivolous because they're arguing about the placement of picnic benches. They're arguing over the size of the shrubs."

While the two sides continue their dogfight, the Parks and Recreation officials say they plan to go forward with the park's reopening, scheduled for 11 a.m. The ceremony will feature Mayor Pam Iorio and City Council member John Dingfelder, who lives in the neighborhood and represents the district. Neighborhood leaders also plan to hold a community picnic and doggie costume contest.

[Last modified January 12, 2006, 08:38:10]